Law: Constitution of Pakistan, 1973

Section: 62,62(1)(f),63

Law: Elections Act, 2017

Section: 62(9)(d)(ii)

Constitution of Pakistan, 1973-- ----Arts. 62 & 63-Election Act, 2017, S. 62(9)(d)(ii)--Concealments of facts--Filling of nomination paper--Filling of contradictory affidavit--Withdrawal of powers--Challenge to--Stances taken by Returning Officer and that of in affidavit of Mr. Asad Iqbal Abbasi, Advocate are inter-contradictory and either one of such stances is false--Respondent/candidate has been a Leader of House and thus, as Prime Minister, was considered to be face of nation--Nation needs its face to be clean and clear in order to earn some respect from remaining world, which is not possible if such rusty faces are allowed to represent nation--Respondent candidate being guilty of concealment of facts and withholding of complete information from his voters, is not an honest and Ameen person and after such declaration, declare him as not a qualified person to be elected or chosen as a Member of Majlis-e-Shoora (Parliament) within meaning of Article 62(1)(f) of The Constitution of Islamic Republic of Pakistan, 1973--Keeping in view misconduct on part of Returning Officer, his powers to act as a Returning Officer were withdrawn--Same order would remain effective with a direction to Election Commission of Pakistan to appoint a new Returning Officer for constituency of NA-57 Rawalpindi-I am start proceedings against Haider Ali Khan, Returning Officer for his misconduct--Since Returning Officer is also Member of our District Judiciary, Registrar of this Court is also directed to initiate appropriate proceedings against Haider Ali Khan, Additional District and Sessions Judge for his stated misconduct--Concept of free, fair and transparent election is not likely to be achieved if such Returning Officers would remain part of our system--Petition allowed. THIS JUDGMENT DELIVERED BY: IBAD-UR-REHMAN LODHI, JUSTICE---.--- Through this common judgment, I intend to dispose of this appeal, as also Election Appeal No. 23 of 2018. Although in both the appeals, the appellants are different, but both the appellants have impugned the same order dated 14.06.2018 passed by the learned Returning Officer for constituency of NA-57, Rawalpindi-I, whereby after rejection of their…

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